tdiu Iu & Mental Disorder

[Sidney56]

I am sending a Form 21-4138 with the progress notes from my psychiatrist attached, stating her diagnoses of me not being employable and needing home health care. My claim is in the development stage, according to the iris report posted earlier(posted in TBI section, under mental condition). Claim was remanded by BVA to the AMC for development.

My question is: do I need to include Form 21-4142 as an enclosure?

I am doing this because I don't trust the VARO to collect all the relevant documents needed to make a decision on my claim for an increase in rating in the evaluation of my mental disorder claim, including IU.

Just received a letter today from VARO that has me confused. Doesn't take much for me. Here it is:

We are working on your claim for: individual unemployability.

On your VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, you indicated that you received additional treatment from Dr. Jabbour.

Complete and return an enclosed VA Form 21-4142, Authorization and Consent to Release Information, for this health care provider so that we can obtain treatment information. You may want to obtain and send us any additional records yourself.

Please note: your mental condition remains on appeal and is being handled separately by our Appeals Department.

I have sent them the information from that Dr at least 4 times!!!! I only saw the Dr. a couple of times and had to stop because I could not afford it. Do you think that they want all of his records instead of the statement that I sent from him?

I also have some information from my va psychiatrist that is treating me now. Should I send her records to the Appeals Department separately? I thought all the information that I sent was being routed to the dept in which it was intended.

Edited August 9, 2009 by Sidney56

[Sidney56]

If anyone has any feedback on this, I would appreciate it so I can get started on this first thing Monday morning.

[sharon]

DO NOT SIGN THE 21-4142. Repeat, DO NOT SIGN THE 21-4142. If you send in or have sent in the Doctors report you do not have to sign a release of information. It will add an additional 3 -5 months of development time to your claim for information that they already have. Once they receive the 4142 they have to develop for the same information from the doctor. When you send the DR notes state, "I have no further information to submitt, continue to process my claim"

[Sidney56]

DO NOT SIGN THE 21-4142. Repeat, DO NOT SIGN THE 21-4142. If you send in or have sent in the Doctors report you do not have to sign a release of information. It will add an additional 3 -5 months of development time to your claim for information that they already have. Once they receive the 4142 they have to develop for the same information from the doctor. When you send the DR notes state, "I have no further information to submitt, continue to process my claim"

Thanks Sharon. That was some very helpful information. I didn't know that it would prolong an already trip through hell.

[tssnave]

Sidney,

Are you sending in your information to the VA via Certified Mail with Return Receipt (green postcard that you address back to yourself?).

This is the ONLY method that Jim Strickland of vawatchdog.org suggests and I agree.

Also, do you put your name, VA claim number, Certified Mail #, date mailed, and page number on each page? I made up labels each time I sent something into the VA and put them in the upper right hand corner about a 1/4" down. I also (based on some suggestion I read somewhere) double hole punched them at the top and stapled them in the middle of the holes. I can tell you from having gotten my cfile that all of my evidence that I sent in was in my cfile, in order, with all pages attached.

Here's how the label would look:

Joe Snuffy

VA Cfile # 123-45-6789

Certified Mail # 0984 0234 7593 9302 0394

Date Jan 01, 2009

Page 1 of 6

I think it is easier for the VA to "lose" documents that the vet has no proof that they sent than it is when we just send them in without mailing them certified mail. However, having said that, Berta has a zillion certified return receipts and the VA ha managed to lose her evidence time and again. I hope you aren't in NY.

Hope this helps,

TS Snave

[john999]

The only way you can prove that the VA got your actuall documents is to get date stamped copies of all the stuff you submit. That means a trip to the VARO with all your paperwork.

[BoonDoc]

The only way you can prove that the VA got your actuall documents is to get date stamped copies of all the stuff you submit. That means a trip to the VARO with all your paperwork.

I agree.

It took Me three attempts sending in copies via cert. return receipt request, of private MR's, that the VA requested, before the VA accepted them.

Better to hand walk them in, and get them date stamped so your not wasting several months of your time "spinning your wheels" while your claim collects more dust.

BoonDoc